Texas 2023 - 88th Regular

Texas House Bill HB1152 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Vo, Garcia, Neave Criado, Geren, Guillen, H.B. No. 1152
2	2	et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing of certain veterans by the Texas
8	8	Commission on Law Enforcement and the hiring of those veterans by
9	9	political subdivisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 370, Local Government
12	12	Code, is amended to read as follows:
13	13	CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND
14	14	COUNTY] HEALTH AND PUBLIC SAFETY OF MORE THAN ONE TYPE OF LOCAL
15	15	GOVERNMENT
16	16	SECTION 2. Chapter 370, Local Government Code, is amended
17	17	by adding Section 370.007 to read as follows:
18	18	Sec. 370.007. APPOINTING OR EMPLOYING CERTAIN VETERANS TO
19	19	POSITION REQUIRING LICENSURE. (a) In this section, "commission"
20	20	means the Texas Commission on Law Enforcement.
21	21	(b) Notwithstanding any other law, a political subdivision
22	22	that appoints or employs a person to hold a position that requires
23	23	the person to be licensed by the commission may appoint or employ a
24	24	legal permanent resident of the United States to hold the position
25	25	if the person is an honorably discharged veteran of the armed forces
26	26	of the United States with at least two years of service before
27	27	discharge and holds the appropriate license issued by the
28	28	commission.
29	29	(c) A political subdivision may not appoint or employ a
30	30	person under this section to hold a supervisory position until the
31	31	person becomes a United States citizen.
32	32	SECTION 3. Subchapter G, Chapter 1701, Occupations Code, is
33	33	amended by adding Section 1701.3095 to read as follows:
34	34	Sec. 1701.3095. LICENSING OF CERTAIN VETERANS WHO ARE LEGAL
35	35	PERMANENT RESIDENTS. The commission shall issue a license the
36	36	commission is authorized to issue to a person who is a legal
37	37	permanent resident of the United States if the person:
38	38	(1) meets the requirements of this chapter and the
39	39	commission's rules for the license;
40	40	(2) is an honorably discharged veteran of the armed
41	41	forces of the United States with at least two years of service
42	42	before discharge; and
43	43	(3) presents evidence satisfactory to the commission
44	44	that the person has applied for United States citizenship.
45	45	SECTION 4. Section 1701.451(a), Occupations Code, is
46	46	amended to read as follows:
47	47	(a) Before a law enforcement agency may hire a person
48	48	licensed under this chapter, the agency must, on a form and in the
49	49	manner prescribed by the commission:
50	50	(1) obtain the person's written consent for the agency
51	51	to review the information required to be reviewed under this
52	52	section;
53	53	(2) request from the commission and any other
54	54	applicable person information required to be reviewed under this
55	55	section; and
56	56	(3) submit to the commission confirmation that the
57	57	agency, to the best of the agency's ability before hiring the
58	58	person:
59	59	(A) contacted each entity or individual
60	60	necessary to obtain the information required to be reviewed under
61	61	this section; and
62	62	(B) except as provided by Subsection (b),
63	63	obtained and reviewed as related to the person, as applicable:
64	64	(i) personnel files and other employee
65	65	records from each previous law enforcement agency employer,
66	66	including the employment application submitted to the previous
67	67	employer;
68	68	(ii) employment termination reports
69	69	maintained by the commission under this subchapter;
70	70	(iii) service records maintained by the
71	71	commission;
72	72	(iv) proof that the person meets the
73	73	minimum qualifications for enrollment in a training program under
74	74	Section 1701.251(a);
75	75	(v) a military veteran's United States
76	76	Department of Defense Form DD-214 or other military discharge
77	77	record;
78	78	(vi) criminal history record information;
79	79	(vii) information on pending warrants as
80	80	available through the Texas Crime Information Center and National
81	81	Crime Information Center;
82	82	(viii) evidence of financial
83	83	responsibility as required by Section 601.051, Transportation
84	84	Code;
85	85	(ix) a driving record from the Department
86	86	of Public Safety;
87	87	(x) proof of United States citizenship or,
88	88	if the person is an honorably discharged veteran of the armed forces
89	89	of the United States with at least two years of service before
90	90	discharge, proof of legal permanent residence and proof that the
91	91	person has applied for United States citizenship; and
92	92	(xi) information on the person's background
93	93	from at least three personal references and at least two
94	94	professional references.
95	95	SECTION 5. Not later than December 1, 2023, the Texas
96	96	Commission on Law Enforcement shall amend rules as necessary to
97	97	comply with Section 1701.3095, Occupations Code, as added by this
98	98	Act, and Section 1701.451, Occupations Code, as amended by this
99	99	Act.
100	100	SECTION 6. Section 1701.451, Occupations Code, as amended
101	101	by this Act, applies only to the hiring of a person by a law
102	102	enforcement agency that occurs on or after December 1, 2023. The
103	103	hiring of a person by a law enforcement agency that occurs before
104	104	that date is governed by the law in effect immediately before the
105	105	effective date of this Act, and the former law is continued in
106	106	effect for that purpose.
107	107	SECTION 7. This Act takes effect September 1, 2023.